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House Passes Email Privacy Act, Requiring Warrants For Obtaining Emails (techcrunch.com) 61

An anonymous reader quotes a report from TechCrunch: The U.S. House of Representatives has passed H.R. 699, the Email Privacy Act, sending it on to the Senate and from there, hopefully anyhow, to the President. The yeas were swift and unanimous. The bill, which was introduced in the House early last year and quickly found bipartisan support, updates the 1986 Electronic Communications Privacy Act, closing a loophole that allowed emails and other communications to be obtained without a warrant. It's actually a good law, even if it is arriving a couple of decades late. "Under current law, there are more protections for a letter in a filing cabinet than an email on a server," said Congresswoman Suzan Delbene during the debate period. An earlier version of the bill also required that authorities disclose that warrant to the person it affected within 10 days, or 3 if the warrant related to a government entity. That clause was taken out in committee -- something trade groups and some of the Representatives objected to as an unpleasant compromise.
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House Passes Email Privacy Act, Requiring Warrants For Obtaining Emails

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  • But they can execute it anyway? Nice!

  • Doesn't matter (Score:5, Insightful)

    by RoknrolZombie ( 2504888 ) on Wednesday April 27, 2016 @07:40PM (#52001307) Homepage

    The 3 letter agencies are going to do what they want, regardless of what the "law" says, just like they do now.

    • by Anonymous Coward

      The 3 letter agencies are going to do what they want, regardless of what the "law" says, just like they do now.

      Yep. Some fine print is missing:

      House Passes Email Privacy Act, Requiring Warrants For Obtaining Emails *

      *Unless we don't want to issue a warrant and want to keep everything secret because terrorism.

    • Re: (Score:2, Insightful)

      by tom229 ( 1640685 )
      It's really humorous how anarchist the population on this website is becoming. An opportunity to blast the government never seems to be missed, even in an article where they're doing a good thing.
      • Why do you assume that their motives are altruistic? You think that after 250 years it's bound to happen or something?

        How about this: When was the last time you saw the US Government do anything that didn't ultimately screw the population? I'll wait.

        • Re:Doesn't matter (Score:4, Insightful)

          by tom229 ( 1640685 ) on Wednesday April 27, 2016 @08:37PM (#52001607)
          I'll assume that's not a serious question. Be careful. When you lose objectivity, you become religious. I certainly wouldn't deny the government has done some shitty things and has ultimately become too inefficient and corrupt for its own good. But, at the end of the day, this is a large group of people, agencies, and bureaucracies all charged with working for the people. It's ridiculous to assume every one of them is out to get us, all the time.

          So while we need change, what we certainly don't need is religious idealism. In short, I understand that you're angry, but you're not really helping, and no rational person is taking you seriously.
          • by DarkOx ( 621550 )

            yes but what we have established there are a significant number of bad actors. What we can't always do is tell the good ones from the bad. When we can't the safest thing to do is to assume malice.

            Therefore, I would argue the only rational thing to do is a complete house cleaning, rip and replace approach to entire agencies.

          • At best you have varying levels of incompetence competing for survival and trying (in vain) to do the right thing.

            As we have seen time and time again, however, there are an abundance of self-serving people that have taken a job nobody else wants. They do as they choose, and when it's "wrong" they get the support of their cronies. Now, I have to wonder why their cronies would be so willing to go out on a limb for them? Is it because they're such nice guys? Is it because they think they might find themselves

            • by tom229 ( 1640685 )
              I'm not talking about blindly trusting anyone. In fact, what I'm talking about is not blindly doing anything. Be careful you don't get so angry and distrustful you end up on the opposite, but still other, side of right.
        • The Constitution was written assuming politicians would act out of their own self interest (and/or pure evil).

          The goal was to have those mediocre or evil motives translate into helping ordinary people.

          So far it has failed less badly than every other government in the world.
        • Why do you assume that their motives are altruistic?

          I certainly won't assume their motives are altruistic. I'd be surprised if the main reason this passed ISN'T because some relatively large number of congress critters and/or their powerful friends have quite a few things to hide in their emails.

          That doesn't, however, automatically mean this act is bad. To know for sure one way or the other, we'll have to wait until we see what changes get made and riders get added by the Senate and then in committee.

      • It's really humorous how anarchist the population on this website is becoming.

        Smart people change their opinions on the basis of new information. Things like the subprime mortgage crisis, citizens united, climate change denial and the revelations from Snowden constitute new information.

        • by tom229 ( 1640685 )
          Smart people don't lose objectivity. The government is not a homogeneous entity that requires a single opinion. See my other other post in this thread.
    • Also, it seems to only apply to email. People are putting a lot more than just email in "the cloud".

    • Yep, they will. It's still good to have it on paper. The separation of powers in the United States is far from perfect, but we're still way ahead of countries with a single-party dictator.
    • If they don't follow the law and they take you to court there would be a good chance their evidence would get thrown out. Now if you think they'll secret you off to a black sight then maybe you need to consider playing spy better.
  • About all we have going for us is that we live in a representative republic, and occasionally, the people who work for us have to do the right thing.

    Good for us! Vote early and often. Pretend this shite matters. Preserving rights and improving one's government is the very best legacy that can be left to your children, grand or otherwise.

  • What? Congress did a possibly good thing?

    Yeah, but only out of cowardice. They're each terrified their own email might be abused. Sometimes bad motives like fear can produce good results, eh?

    However, if you wait until the public isn't looking (which will take about 7 minutes given the current conditions) they'll add the rider in the fine print that the legal protections only applies to their OWN email (and perhaps the email of their campaign donors and future employers).

    Still government of the corporations,

  • In other political news, Ted Cruz just announced his selection for vice president:

    http://cache3.asset-cache.net/... [asset-cache.net]

  • They could create an international version of the NSA with domestic spying done by other countries agents.

    There is a difference between requiring a warrant and magical folders appearing on your desk and not being able to use it.

    This is not the same as making the government be responsible to preventing foreign intelligence agencies from spying on US citizens.

  • It should require a warrent, iff the email is encrypted. By doing that, it will actively encourage every email client to include encryption AND to make it the default. We need a way to encourage ALL emails to be encrypted.
    • by q4Fry ( 1322209 )

      Right, and searching your car should only require a warrant if it's locked in your garage.

      • Police can search your car if you have illegal items in the open. When they can NOT search it, is if they have no probably cause. IOW, if they do not see something in the open, then they need a warrent.
        BTW, my reason for suggesting that it be encrypted is to encourage everybody to encrypt. Simple as that.

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